By
Registered Post / Speed Post / Ordinary Post
WITHOUT
PREJUDICE
Ref.:
SS / SM / 3108-9243 / 25 Dated : 2nd day of May’ 2025
To,
1.
M/s.
ABS Land Development & Construction Private Limited, a Private Limited
Company incorporated under the Companies Act, 1956, having its Registered
Office at Premises being no. 13/B, Jatin Das Road, Police Station – Tollygunge,
Kolkata – 700029, West Bengal.
2.
Sri
Tapan Ghosh, Son of Late P.L. Ghosh, residing at Premises being no. 13/B, Jatin
Das Road, Police Station – Tollygunge, Kolkata – 700029, West Bengal.
3.
Sri
Tapan Ghosh, Director of M/s. ABS Land Development & Construction Private
Limited, a Private Limited Company incorporated under the Companies Act, 1956,
having its Registered Office at Premises being no. 13/B, Jatin Das Road, Police
Station – Tollygunge, Kolkata – 700029, West Bengal.
4.
Sri
Abhijit Chowdhury, Son of Chitta Ranjan Chowdhury, residing at Premises being
no. G 108, Baghajatin, Police Station – Patuli, Kolkata – 700086, District
South 24 Parganas.
5.
Sri
Abhijit Chowdhury, Director of M/s. ABS Land Development & Construction
Private Limited, a Private Limited Company incorporated under the Companies
Act, 1956, having its Registered Office at Premises being no. 13/B, Jatin Das
Road, Police Station – Tollygunge, Kolkata – 700029, West Bengal.
Ref.:
Agreement for Sale dated 1st day of June’ 2012;
My
Client : Smt. Nilima Giri, Wife of Sri Dhiraj Kumar Giri, residing at Premises
being no. 162, Banamali Ghosal Lane, Kolkata – 700034.
Legal
Notice
Dear Sir/s,
Under instructions of
my Client Smt. Nilima Giri, Wife of Sri Dhiraj Kumar Giri, residing at Premises
being no. 162, Banamali Ghosal Lane, Kolkata – 700034, do hereby states as
follows;
1.
You
allured my client about your alleged Project of City Life under the name &
style “Baruipur Enclave” which consisting of 639 numbers of plots in different
sizes comprising in Mouza – Pirkhali & Bamungachi, under Julpia Gram
Panchayat, District South 24 Parganas with several Blocks, together with Park
in Block C & D and lake in Block A & D in the project of “Baruipur
Enclave”, Space for Shopping Mall, Nursing Home in Block –B and island Park at
the centre of the Block A, B, C, & D in the project of Baruipur Enclave”,
and with other facility or facilities are arranged for modern City Life,
including Electricity, Telephone Line, Water Line & Drainage system in the
Project “Baruipur Enclave”, having Main Road 30’ ft and link Road 20’ ft in the
project. The said Project like sewerage, Electricity, water Supply to the
individual Plot being the part of the said Project “Baruipur Enclave”.
2.
You
entered into an Agreement for Sale dated 1st day of June’ 2012, with
my client for the Sale of Land with all amenities as (i) ALL THAT piece and
parcel of Land measuring about 2160 Sq. ft. equivalent to 3 Cottahas (approx)
comprising of Dag no. 89, Khatian No. 389, J.L. No. 154, Mouza – Pirkhali,
Police Station – Bishnupur, known and identified as Plot No. A10 (Block-A), in
project “Baruipur Enclave” under the Julpia Gram Panchayat, District South 24
Parganas, and (ii) ALL THAT piece and parcel of Land measuring about 2160
Square feet equivalent to 3 Cottahas
(approx) comprising of Dag no. 89, Khatian No. 389, J.L. No. 154, Mouza –
Pirkhali, Police Station – Bishnupur, known and identified as Plot No. A11
(Block-A), in project “Baruipur Enclave” under the Julpia Gram Panchayat,
District South 24 Parganas, at a total consideration price of Rs. 10,20,000/-
(Rupees Ten Lakhs and Twenty Thousand) only, being Rs. 5,10,000/- (Rupees Five
Lakhs and Ten Thousand) only, for each Plot of Land.
3.
The
said Agreement for Sale dated 1st day of June’ 2012, containing some
specified terms and conditions, which refurnished as follows;
(a) Paragraph no. 6 at
page no. 4 of the said agreement for sale dated 1st day of June’
2012, states as “That the Company, the First Part herein shall complete the
sale in respect of the land particularly described in the Schedule “B” &
schedule “B-1” herein below by executing the registered Sale Deed/ Conveyance,
upon completion the Project and payment of entire consideration money within 3
years”.
(b) Paragraph no. 7 at
page no. 4 of the said agreement for sale dated 1st day of June’
2012, states as “That the entire land under the said Project including the said
plot of land fully described in Schedule “B” & Schedule “B-1” written
hereunder are free from all encumbrances and has a clear and good marketable
title”.
(c) Paragraph no. 9 at
page no. 4 of the said agreement for sale dated 1st day of June’
2012, states as “That the said plot of land particularly described in the
Schedule “B” & in the Schedule “B-1” hereunder along with all necessary
facilities fully described in the Schedule “C” herein below shall be provided
to the Allottee/ Purchaser”.
(d) Paragraph no. 10 at
page no. 4 of the said agreement for sale dated 1st day of June’
2012, states as “That the necessary papers and documents in respect of the
title of the land are under the possession of the company and kept in the
office record for inspection by the Purchaser/ Allottee”.
(e) Paragraph no. 13 at
page no. 5 of the said agreement for sale dated 1st day of June’
2012, states as “That in the case of the failure on the part of the ABS Land
Development & Construction Private Limited to deliver the possession to the
Purchaser/ Allottee within the stipulated period, mentioned herein above. The
ABS Land Development & Construction Private Limited may offer to deliver
the other plot of land along with all conveniences already granted in the
instant Agreement, otherwise the ABS Land Development & Construction
Private Limited shall be bound to return back the entire money by 4 (Four)
installments along with Banking Recurring Deposit interest, if already paid to
the Vendor/ Company in regular installments in proper time.
(f)
Paragraph
no. 15 at page no. 5 of the said agreement for sale dated 1st day of
June’ 2012, states as “That if any disputes cropped up between the parties,
shall solve the disputes amicably, otherwise the Learned Courts of Kolkata
alone shall have the jurisdiction to entertain and determine all actions suits
and proceedings arising out of these presents between two parties hereto”.
4.
That
my Client has paid the entire consideration money in terms of the said
Agreement for Sale dated 1st day of June’ 2012, to you against the
receipt and acknowledgement thereof. Which you have apportioned within the
stipulated period assigned under the said Agreement for Sale dated 1st
day of June’ 2012. Pertinently, my client booked such plot of land on 10th
day of September’ 2010, subsequently, substantial money has been paid at your
persuasion about the alleged plot of land with all amenities thereof and thus
the said Agreement for Sale dated 1st day of June’ 2012, has been
made and drafted by you and your Learned Advocate.
5.
That
the period of 36 (Thirty Six) months as stipulated in the said Agreement for
Sale dated 1st day of June’ 2012, has been elapsed by 1st
day of June’ 2015, and even after on receipt of the entire consideration money,
you did not deliver the physical possession of the Schedule Land being (i) ALL
THAT piece and parcel of Land measuring about 2160 Sq. ft. equivalent to 3
Cottahas (approx) comprising of Dag no. 89, Khatian No. 389, J.L. No. 154,
Mouza – Pirkhali, Police Station – Bishnupur, known and identified as Plot No.
A10 (Block-A), in project “Baruipur Enclave” under the Julpia Gram Panchayat,
District South 24 Parganas, and (ii) ALL THAT piece and parcel of Land
measuring about 2160 Square feet equivalent to
3 Cottahas (approx) comprising of Dag no. 89, Khatian No. 389, J.L. No.
154, Mouza – Pirkhali, Police Station – Bishnupur, known and identified as Plot
No. A11 (Block-A), in project “Baruipur Enclave” under the Julpia Gram
Panchayat, District South 24 Parganas, and did not even pursue yourself to
refund my client’s money. Rather, time and again, you assured my client for
delivery of physical possession being Schedule plot of Land assigned in the
said Agreement for Sale dated 1st day of June’ 2012, though nothing
materialized till the day, writing this Letter to you.
6.
That
Since a substantial period of 9 years 11 months 1 day has been elapsed sustaining
belief on you by my client, truly realized that you will not deliver any
physical possession of the schedule plot of land nor refund the money
apportioned by you. Breach of Contract truly sustained at your behest with the continuous
false assurance, causing immense mental agony, harassment, and financial loss
to my Client. My Client has waited patiently for almost a decade, relying on
your repeated promises and representations which have now proven to be false
and fraudulent in nature. Your conduct constitutes a gross breach of
contractual obligations, misrepresentation, unfair trade practice, and amounts
to cheating and criminal breach of trust.
7.
It
is also pertinent to mention that your continued failure to fulfill the
contractual obligations, despite repeated follow-ups and your express
assurances, not only constitutes a clear breach of the terms of the agreement
but also amounts to unfair trade
practice as defined under Section 2(47) of the Consumer Protection Act,
2019. You have lured my Client into a real estate transaction with promises of
timely possession, only to default on the same without reasonable
justification.
8.
Furthermore,
your actions amount to a violation of the RERA and related regulations, which mandate timely completion and
delivery of real estate projects. Despite having received almost the entire
consideration amount from my Client, you have neither handed over possession
nor refunded the amount with interest. This suggests clear deficiency in service and negligence on your part.
9.
It
is also relevant to note that the Hon’ble
National Consumer Disputes Redressal Commission (NCDRC) and various High
Courts have consistently held that failure to deliver possession of a property
within a reasonable time entitles the purchaser either to possession along with
compensation or to a full refund with interest. My Client reserves the right to
rely upon such judicial precedents in support of his claim.
10.
The
inordinate delay in handing over possession, despite full or substantial
payment being made, clearly reflects your intention to defeat the rights of
genuine buyers like my Client, which may also invite prosecution under Sections 318, 316, and 61(2) of the Bharatiya Nyaya Sanhita (BNS) for cheating,
criminal breach of trust, and conspiracy.
11.
The
breach is not curable at this stage without causing further injustice to my
Client. The law provides that in case of breach by one party, the
non-defaulting party is entitled to seek rescission of the contract and claim
damages or refund. Given your continued default, my Client is within his rights
to demand a full refund along with interest and take appropriate legal recourse
against you
In the circumstances
stated hereinabove, I, on behalf of my Client, do hereby call upon you:
a)
To
immediately deliver peaceful, vacant, and physical possession of the Schedule
Land (i.e., (i) ALL THAT piece and parcel of Land measuring about 2160 Sq. ft.
equivalent to 3 Cottahas (approx) comprising of Dag no. 89, Khatian No. 389,
J.L. No. 154, Mouza – Pirkhali, Police Station – Bishnupur, known and
identified as Plot No. A10 (Block-A), in project “Baruipur Enclave” under the
Julpia Gram Panchayat, District South 24 Parganas, and (ii) ALL THAT piece and
parcel of Land measuring about 2160 Square feet equivalent to 3 Cottahas (approx) comprising of Dag no. 89,
Khatian No. 389, J.L. No. 154, Mouza – Pirkhali, Police Station – Bishnupur,
known and identified as Plot No. A11 (Block-A), in project “Baruipur Enclave”
under the Julpia Gram Panchayat, District South 24 Parganas,) along with all
promised amenities as per the Agreement for Sale dated 1st June 2012
within 15 (fifteen) days from
the date of receipt of this Legal Notice;
OR IN THE ALTERNATIVE,
b)
To
refund the entire consideration amount of Rs. 10,20,000/- (Rupees Ten Lakhs and
Twenty Thousand Only) paid by my Client, along with interest calculated at the
prevailing rate applicable to banking recurring deposits, compounded annually,
from the date of respective payments made till actual realization, in not more
than 4 (four) equal installments,
the first of which shall be payable within 15 (fifteen) days from the receipt of this notice;
And
c)
To
compensate my Client for the mental agony, harassment, and financial loss
suffered due to your breach, by paying an amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) within the same period;
And
d)
To
bear all legal and incidental costs incurred by my Client in pursuing this
matter, including legal notice charges, to the extent of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only).
e)
Failing
which, my Client shall be constrained to initiate appropriate civil and criminal proceedings,
including but not limited to a suit for specific
performance, damages, recovery of money, and/or criminal complaint under
relevant provisions of the BNS’ 2023 and the Consumer Protection Act, 2019,
entirely at your risk, cost, and consequence.
f)
Please
take this as a final opportunity to amicably resolve the matter within the
stipulated time.
This notice is issued without prejudice
to my Client’s rights and remedies, available under law and in equity.
Thanking you,
Yours faithfully,
Sanjib Saha
Advocate
High Court Calcutta
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